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Azerbaijani Parliament Should Pass Changes in Election Code – Venice Commission’s Secretary (Interview)

Politics Materials 11 April 2008 16:14 (UTC +04:00)

France, Strasburg, 11 April / Trend corr A. Maharramli / The exclusive interview of Gianni Buquicchio, Secretary of the Council of Europe's Venice Commission, at Trend .

Question: Can the discussions on the Law on Freedom of Assembly and changes in the Election Code being held between the Venice Commission and Azerbaijan be considered to be complete?

Answer: They cannot be considered to be complete. We made an interim evaluation on the Election Code and I hope the Bill reflecting changes and supplements will be passed at the Azerbaijani Parliament in the near future.

The Venice Commission will make the final evaluation on the Code depending on the results in June.

We still hope that the Azerbaijani Parliament will take into account our evaluation on the changes and will discuss the prospects of making changes in the most important units of the Code - the formation of the election committees.

Question: Which suggestions by the Venice Commission on these two Laws does Azerbaijan consider unacceptable. Which suggestions were agreed on?

Answer: I will answer the question step by step. As to the Election Code, our positions are similar on a range of issues. We have achieved advances since our cooperation with the Azerbaijani authorities. The recent changes in the Election Code exert a positive impact, including the complaints regarding the elections. And that can enable solving the problems which can occur in this field. For the sides to the election process solving of the problems may become easier, faster and more satisfactory. The key point is in which form that will be practiced after passing at the Parliament. I call on the Azerbaijani authorities to practice that properly.

Another positively directed issue regards the electoral roll. There is progress in this field as well. I hope that will enable putting in order the electoral rolls.

So, what remains is the formation of the election committees, which is not envisaged in any of the changes. We failed to suggest changes in this connection, but we voiced our views. We said that election committees should be composed so that all sides were secure - political parties, candidates, and especially the public involved in the election process. The aforementioned sides should trust both the Central Election Committee and the district election committees.

Initiative is required. They said to us that this is a political issue, and that is why the technical changes are not seen. I hope Parliament will advance in this connection - that is a sovereign and independent body.

Question: What about the chances for passing the recommendations which were critically taken by the Azerbaijani authorities?

Answer: Given that the presidential elections are to take place in October, the suggested changes in the Election Code should be discussed in Parliament. We always recommend passing changes in the election six months prior to the elections. Surely, that is not an order. Holding of elections in accordance with the legislation requires that the rules should be known beforehand. The changes in the Election Code should be passed during the spring session of the Azerbaijani Parliament.

As to the freedom of assembly, in order to hold elections in compliance with the international and European standards, besides of concrete and efficient regulations of the election campaign, some guarantees should be provided. One of them is expression of views by the citizens with provided publicity, freedom of assembly, etc.

Since December 2007 we have been closely cooperating with Azerbaijan to improve this law and took a decision on the Bill which may correspond with international standards. In the current situation the Bill is a good project in a global form. I again call on the authorities and the Parliament of Azerbaijan to pass the law as it is. I say that because many countries have faced problems before and after elections.

In the council of Europe we felt toughening the issue on freedom of assembly. That is a fundamental freedom which should be provided in the election campaign to enable everyone to freely express his thoughts. It would be good if the Parliament passed a law with worthy changes and adequate authorities implemented it properly. The main task is practicing the law - the development of a proper law is not enough, it should be practiced properly.

The third point enabling proper elections is freedom of media. Reading the Azerbaijani press we see there are problems. Azerbaijan should make more effort to provide complete freedom of press. Journalist should not be detained and undergo physical violence to enable them to do their work properly.

I am sure that if these conditions are fulfilled, it will be possible to organize fair elections.

I, as an old friend of Azerbaijan, want to be fully sure that the forthcoming elections will be the best. These elections will not be criticized, but will be held in accordance with the standards of the European family, to which Azerbaijan is a member. Unfortunately, the international organizations demonstrated a critical attitude towards the previous elections.

Question: How will the issue be resolved if an agreement is not reached on several recommendations made by the Venice Commission? What means are there to achieve it?

Answer: The proposals being made by the Venice Commission are not compulsory. We make recommendations to the countries, with whom we co-operate not due to decency. The countries appeal to us to use Europe's wisdom. With regards to the elections and freedom of assembly, we hope that the legislation of Azerbaijan does not differ much from the legislation of Italy, Sweden and other countries. I say once again that we are members of the European family and share common values. Therefore, it needs to bring the legislations into conformity with similar standards. The PACE Monitoring Group and AGO Group are involved in the rate of fulfilment of the recommendations being made. We believe that our recommendations will be accepted and mainly the legislation which will be devised based on it will be applied in the correct way.

Question: The Venice Commission co-operates with Government organizations of Azerbaijan. How do you assess the participation of the political parties, especially the opposition, in this process and how were the suggestions made by them taken into consideration?

Answer: We co-operate with those who devise the laws. Of course, we pay attention to the views of the opposition as well. We are aware of the position of the opposition and try to do work in order to give rise to all hopes. It is our point of view. On the other hand, most of the opposition have their own views and ideas.

It is very difficult to find a midst between them. We try to suggest ways of settlement based on the legislative base which may make these positions closer. However, it is possible to provide common constructive ways to reach an agreement on technical issues, especially with regards to trust. The legislative base should provide an opportunity for existence of trust between various political forces, especially between public opinion and power.

A round table was held in Baku several months ago. The opposition parties were invited to participate in making changes to the Electoral Code, but not all of them attended the discussions. The round table focused on two key issues - organizing the composition of the election commissions and settling relations during the elections.

The Council of Europe and other international organizations, who are our allies and political parties, were invited to the discussions. Several parties did not attend the discussions.

All ideas, proposals and projects were taken into consideration by the rapporteurs of the Venice Commission during the meetings with the State organizations. We will take into account the views of all opposition political forces participating in the election process. In addition, I must say that we may only accept views and requests from the Governmental structures. According to our Charter, no governmental or opposition parties may appeal to us. However, we take into consideration the situation at the local level. We pay attention to the proposals, wishes and requirements of the opposition as well.

Our co-operation with the Governmental institutions leans firstly on standards. We try to share European standards with our allies. In addition, we take into consideration the requirements of all political forces if they correspond with the standards. It is very important for us that the legislation of Azerbaijan and other Council of Europe-participating countries correspond with the standards of the organization as much as possible.

Question: How is it possible to make changes to both laws and productively introduce them by the elections?

Answer: I believe that the changes to the Electoral Code will be accepted by the Parliament in due course. With regards to the Law on Freedom of Assembly, we positively characterize the project devised in co-operation with the Venice Commission.

It would be better if the Parliaments would adopt the law draft in the currently-suggested form and it would be introduced in a right way. If both laws are discussed and adopted in the Parliament, the Venice Commission may express opinions on them in June 2008.

Question: Did you hold legal examination of other draft laws linked with Azerbaijan? Are you expected to visit Azerbaijan in the near future?

Answer: Currently the Venice Commission is working over two important documents. If it is necessary to hold examination and if the Government of Azerbaijan appeals to us for co-operation, we will do it with great pleasure. We are always prepared to co-operate with Azerbaijan. I will attend the conference organized jointly with the Venice Commission in honour of the tenth anniversary of establishment of the Constitutional Court of Azerbaijan, 14-15 July 2008.

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